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FI1/18/107655

Contents
1.0 / What is a collaborative arrangement? / 1
2.0 / What does a collaborative arrangement offer? / 2
3.0 / Who can use this Collaborative Arrangement? / 2
4.0
5.0 / Which Suppliers are listed under each Lot?
What is the duration of this agreement? / 3
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6.0 / What servicesare covered within the scope of this agreement? / 9
7.0 / How do I access the agreement? / 9
8.0 / How do I access pricing information? / 20
9.0 / Contract Management / 22
10.0 / Escalation Procedures / 23
11.0 / Any Questions? / 23
Annex A / Contract Notices / 24
Annex B / Lot Categories and Scope / 25
Annex C / Methodology for dealing with a tie / 35
Annex D / Tender Documents / 42

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FI1/18/107655

1.0What is a Collaborative Arrangement?

A collaborative arrangement is the result of public bodies working together to jointly purchase goods and services. It enables the public sector to achieve economies of scale and get better deals from suppliers. It also offers suppliers more attractive and sustainable contracts.

Rather than public bodies procuring services on an individual basis, collaboration has addressed the duplication of resources, thereby freeing up resources for use elsewhere. Collaborative procurement has also challenged often long established working practices and has led to smarter and more efficient ways of working.

Procurement Guidance Note (PGN) 05/14: Collaborative Procurement mandates Central Procurement Directorate (CPD) to lead on the aggregation of public sector demand across 10 categories of spend.

2.0What does a Collaborative Arrangement Offer?

Savings

Aggregation of demand and a standardised specification ensures value for money and significant savings.

Accessibility

Using a collaborative arrangement provides you with an easy and instant route to your required market place through a contractor/or contractorswho have been subject to a rigorous procurement process.

Agreed Terms and Conditions

The terms and conditions are already agreed and offer you the contractual safeguards you need.

Efficiency

Using this arrangement saves you the time and resource associated with running your own procurement.

3.0Who can use this Collaborative Arrangement?

All bodies listed in may avail of this Framework Agreement for their external legal requirements and each constitutes the Client for the purposes of this Framework Agreement.

This Framework Agreement for the Provision of Legal Services was awarded on 23January2018.

4.0Which Suppliers are listed under each Lot?

The following suppliers have been appointed to the following Lots of the Framework Agreement:

Lot / Rankings
Lot 1
Employment Law / 1st / Carson McDowell
1st / Cleaver Fulton Rankin
1st / Jones Cassidy Brett
4th / Arthur Cox
5th / Tughans
6th / Napier and Sons
Lot 2
Public Law / 1st / Carson McDowell
1st / Cleaver Fulton Rankin
3rd / Arthur Cox
4th / Tughans
5th / Napier and Sons
6th / McCartanTurkington and Breen
Lot 3
Information Law / 1st / Carson McDowell
2nd / Arthur Cox
3rd / Tughans
4th / Cleaver Fulton and Rankin
5th / Napier and Sons
Lot 4
Property Law / 1st / Carson McDowell
1st / Cleaver Fulton Rankin
3rd / Arthur Cox
4th / Millar McCall Wylie
5th / Tughans
6th / TLT
Lot 5
Energy / 1st / Carson McDowell
1st / Cleaver Fulton and Rankin
3rd / Arthur Cox
4th / Tughans
5th / TLT
Lot 6
Pensions / 1st / Cleaver Fulton and Rankin
2nd / Arthur Cox
3rd / TLT
4th / Trowers and Hamlins
Lot 7
Corporate and Commercial / 1st / Arthur Cox
2nd / Tughans
3rd / Carson McDowell
3rd / Cleaver Fulton and Rankin
5th / Millar McCall Wylie
Lot 8
Procurement / 1st / Carson McDowell
1st / Cleaver Fulton and Rankin
3rd / Arthur Cox
4th / Tughans
Lot 9
Prosecution and Enforcement / 1st / Arthur Cox
2nd / Tughans
3rd / Carson McDowell
4th / Cleaver Fulton and Rankin
Lot 10
Personal Injury Litigation / 1st / Carson McDowell
2nd / Arthur Cox
2nd / BLM
4th / Tughans
5th / Napier and Sons
6th / Hool Law
Lot 11
Alternative Dispute Resolution / 1st / Carson McDowell
2nd / Arthur Cox
3rd / Tughans
4th / TLT
5th / Millar McCall Wylie
6th / Cleaver Fulton and Rankin
Lot 12
Debt Recovery / 1st / Cleaver Fulton and Rankin
2nd / Arthur Cox
3rd / Tughans
4th / Carson McDowell
5th / Napier and Sons
6th / TLT
Lot 13
Venture Capital / 1st / Tughans
2nd / Arthur Cox
3rd / Carson McDowell
3rd / Cleaver Fulton and Rankin
5th / Millar McCall Wylie
Lot 14
Major Projects / 1st / Carson McDowell
1st / Cleaver Fulton and Rankin
3rd / Arthur Cox
4th / Tughans
5th / Trowers and Hamlins

5.0What is the duration of this agreement?

Start Date:01 February 2018
End Date:31 January 2021

The Framework Agreement will be valid for a period of 3 years with an option to extend for a further 1 year. It should be noted that while contracts awarded under the scope of this Framework Agreement must be awarded before the end of the term of this Framework Agreement, the duration of the individual contracts does not need to coincide with the duration of this Framework Agreement (i.e. individual contracts can extend beyond the life of the Framework Agreement, or may expire before the end of this Framework Agreement).

The Contract Notices published in the Official Journal of the EU (OJEU)are provided at Annex A.

6.0What services are covered within the scope of this agreement?

This Framework Agreement will be used to provide a range of Legal Services, as per Lots 1-14. Please see AnnexB for Lot Categories and Scope.

7.0How do I access the agreement?

There are a range of methods for calling off this Framework Agreement. Details are provided below to outline how the Framework Agreement will be used by:

  1. Core Departments and their Agencies; and
  2. Other Public Bodies.
  1. Core Departments and Agencies

Core Departments and their Agencies will be expected to approach Departmental Solicitor’s Office(DSO),of Victoria Hall,12 May Street, Belfast,BT1 4NL, for their legal services in the usual way.

The Core Departments are listed below. At the time of writing,it is understood that their Agencies are as listed below;however it will be the responsibility of each public body to ascertain whether it isan Agency to a Core Department.

NB: This list could change with the passage of time and the ultimate responsibility for checking the correct status of a body, lies with the public body in question.

DoF

NISRA

The Executive Office

Department for Infrastructure and its executive agencies:

Rivers Agency

Transport NI

Driver & Vehicle Agency

Heritage Service Executive Agencies

Planning Service

Department of Justice and its executive agencies:

Forensic Science Agency

NI Courts and Tribunals Service

NI Legal Services Agency

NI Prison Service

Youth Justice Agency

Department of Health and its executive agencies:

The Public Health Agency

DAERA and its executive agencies:

Forest Service

NI Environment Agency

Department of Communities and its executive agencies:

Northern Ireland Social Security Agency

Department for the Economy and its executive agencies:

Health and Safety Executive for Northern Ireland

Department of Education

DSO shall remain the primary provider of these services to Departments and Agencies. However,in those situations, where DSO feels that it does not have the capacity to carry out certain work,its Contract Management Team will act as gatekeeper, by assisting the Department/Agency to commission services from the Framework Agreement.

On occasion, certain other Public Bodies(e.g NDPBs and ALBs) may prefer to access legal services through DSO (by allowing DSO to act as gatekeeper for them). They shall be able to do so, by contacting DSO in the same manner as Core Departments/Agencies.

Arotation system (and on occasion, mini-competition) for call-off contracts shall be used by DSO, as outlined below.

ROTATION SYSTEM

A rotation system shall be set up by DSO in a way that is demonstrably transparent and fair and that ensures equal treatment of all appointed Contractors to the relevant Lot. (As set out in the Framework document attached.)

The rotation system shall be based upon the Contractors’ ranked position,i.e the first Call-Off Contract from DSO (on behalf of a Department/Agency) shall be placed with the highest ranked Contractor. The second Call-Off Contract from DSO (on behalf of a Department/Agency) shall be placed with the second ranked Contractor and so on, until the rotation has exhausted all ranked Contractors. DSO will then begin the rotation again, with the highest ranked Contractor.

(PLEASE NOTE: There has been a number of ties for this Framework Agreement. Please see Annex C for the methodology which will be used by DSO to break a tie,when using the rotation system.)

DSO may consider refinements to a rotation, based on the appointed Contractors’ ranked position, if there are significant differences in the value of successive Call-Off Contracts, or to address circumstances, as set out below. In such circumstances, DSO will ensure equal treatment of all appointed Contractors to the relevant Lot.

The Contractor may be unable to accept a Call-Off Contract under the following circumstances:

  • the Contractor has a conflict of interest in relation to a proposed Call-Off Contract and/or the relevant Client (Department/Agency), which cannot be mitigated to the Client’s (i.eDepartment/Agency’s) satisfaction; or
  • the Contractor is unable to, or cannot easily provide the service requested within the required timeframes.

Framework Agreement rates will be the rates for any Call-Off Contracts placed under the rotation system.

DSO, on behalf of the Client (Department/Agency) at its discretion, may request a fixed fee quotation based on the tendered hourly rate, (or a more competitive hourly rate, which does not fall below the minimum hourly rate) from the appointed Contractors for a Call-Off Contract, which is subject to rotation.

On occasion, Contractors may be appointed to undertake work, which is related to a previous,specific piece of work/project,for which they had previously provided advice/representation. In this case, DSO, on behalf of the Client (Department/Agency) reserves the right to appoint the contractor out of rotation, to carry out this related work. The operation of the rotation system will be adjusted accordingly in such circumstances.

DSO will take the final decision as to whether this option will be used.

FURTHER MINI-COMPETITION

DSO will, on occasion, where it considers the requirements of the Department/Agency to be particularly complex, or of high value, commission the services by way of a further mini-competition (please see page 16 of this protocol for details on mini-competitions).

NB: Lot 14-Major Projects requirements must be facilitated via a further mini-competition.

  1. Other Public Bodies

Other Public Bodies, which are not Departments, or Agencies, may access the Framework Agreement directly.

They will have the freedom to choose between using the ROTATION SYSTEM, HIGHEST RANKED CONTRACTOR or MINI-COMPETITIONS.

Other Public Bodies shall be free to choose to apply the rotation system to some Lots and Highest Ranked Contractor to other Lots.

Once a decision has been taken by an Other Public Body, to use either Rotation, or Highest Ranked Contractor for a particular Lot, this system must be used throughout the lifetime of the Framework Agreement for that Lot.

ROTATION SYSTEM

If the ROTATION SYSTEM is being used, the Other Public Body must follow the same system, set out on page 11 of this protocol (as used by DSO). Where the words ‘Department/Agency’ are used, please replace with the words- ‘Other Public Body’.

PLEASE NOTE: There has been a number of ties for this Framework. Please see AnnexC for the methodology which will be used by DSO to break a tie,when using the rotation system). Other Public Bodies must apply this same methodology.

HIGHEST RANKED CONTRACTOR

Call-Off Contracts shall be offered by the Client (Other Public Body) to the highest ranked Contractor within the relevant Lot. However, the 2ndhighest ranked Contractor shall be offered a Call-Off Contract where the following circumstances arise:

  1. aconflict of interestexists for the highest ranked Contractor; and/or
  2. the highest ranked Contractor is unable to, or cannot easily provide the service requested within the required time frames, and/or
  3. in the event of the highest ranked Contractor having been suspended, or removed by the Client, due to poor performance on a previous Call-Off Contract for that Client.

The 3rd highest ranked Contractor shall be offered a Call-Off contract in the event that either 1,2 or 3 above applies to the 2nd highest ranked Contractor and so on, until the Call-Off requirements are fulfilled.

PLEASE NOTE: There has been a number of ties for this Framework. Please seeAnnex Cfor the methodology which must be used by Other Public Bodies to break a tie, when using the Highest Ranked Contractor system.

Framework Agreement rates tendered will be the Contractor rates invoiced for any Call-Off Contracts placed under this procedure.

The Client (Other Public Body),at its discretion, may request a fixed feequotation, based on the tendered hourly rate (or more competitive hourly rate-so long as it does not fall below the minimum hourly rate) from the appointed Contractors for a Call-Off Contract placed to the highest ranked Contractor.

Contractors may be appointed to undertake work, which is related to a previous, specific piece of work/project, for which they had provided advice/representation. In this case, the Client reserves the right to commission this same Contractor to carry out this related work, regardless of their ranking.

Requirements for legal services may fall entirely within one Lot, or alternatively, it may be that a requirement spans a number of different Lots. In that situation, Contractors from more than one of those Lots may be able to meet the requirement. DSO (on behalf of Departments/Agencies) or Other Public Bodies will identify the Lot(s) into which their requirement best fits. It is a matter of judgment for DSO (on behalf of Departments/Agencies),or of Other Public Bodies, which Lot(s) meets the requirement. DSO will have the final say in relation to Core Departments/Agencies.

FURTHER MINI-COMPETITION

The Client(Other Public Body) may, on occasion, where it considers its requirements to be particularly complex, or of high value, commission the services by way of a further mini-competition.

NB: Lot 14-Major projects requirements must be facilitated via a further mini-competition.

THE RUNNING OF FURTHER MINI-COMPETITIONS(Either by DSO, on behalf of Departments/Agencies, or by Other Public Bodies)

A further mini-competition will be run with all Contractors appointed to the relevant Lot. (Unless otherwise excluded through poor performance.)

The Client (DSO, on behalf of a Department or Agency, or an Other Public Body) may opt to run the further competition itself or request CPD assistance.

All Contractors awarded a place on the Framework Agreement have already been evaluated on the basis of offering best value for money, based on two key elements:

  • non-financial criteria – capability, consisting of expertise and quality; and
  • financial criteria - an assessment of the fee rates charged.

The Client’s evaluation criteria in the event of further competition should concentrate on the Contractors’ proposed service delivery, key personnel and cost, in relation to client specific requirements.

A 60%/40% quality/cost split should be applied to all secondary competitions.

The rates quoted for further competitions cannot exceed the original tendered rate. Tenderers however can reduce their rates, but cannot go below the original minimum hourly rate, as stated in the original tender.

Details of the original minimum hourly rate can be found in the pricing schedule at Annex D.

The Client at its discretion may request a fixed fee quotation based on the tendered hourly rate (or more competitive hourly rate, which does not fall below the minimum hourly rate) from the appointed Contractors for a Call-Off Contract which is subject to Further Competition.

For complex requirements, Clients may wish to engage with all Contractors appointed to the Lot before the invitation to tender is issued to ensure that:

  • Contractors understand the requirement;
  • the Client has confirmation that what they are asking for is feasible;
  • the Client knows that the Contractors are interested and able to bid (i.e. that the Contractors have available resources, with appropriate experience and skills and there are no conflicts of interest issues);
  • there is some awareness of price expectation on both sides; and
  • there is an understanding of the time-scales (i.e. how long does the Contractor need to provide a reasonable proposal and length of assignment).

The further mini-competition process and evaluation criteria must be defined in advance and as much information as is appropriate should be shared with the Contractors that are invited to submit tenders.

Clients must treat all potential Contractors fairly, equally and without discrimination and allow a reasonable amount of time for proposals to be submitted. Proposals must remain confidential until the time limit has expired and, where requested, the Client should give feedback to Contractors in support of its decision.

Placing an Order

  • All Orders should be placed following the Ordering Procedures outlined in the Conditions for the Framework Agreement (see Annex D for more details).
  • All Orders will be placed using an Order form/Letter of Appointment.
  • The submission of the Order Form/Letter of Appointment will constitute a contract offer.
  • All further competitions must be issued via eTenders NI.
  • Clients should ensure that Orders are placed in accordance with the ordering procedures laid down in the Framework Agreement.

PLEASE NOTE: Each Letter of Appointment must include the details which are highlighted in square brackets in the Supplementary Conditions of Contract(e.g. period of contract; indemnity liability amounts;break clauses, etc.)

Tender documents including the Framework Agreement Specification, Conditions for the Framework Agreement, Conditions of Contract and Supplementary Conditions of Contract are attached at Annex D.

Responsibility for awards

Each Client is independently responsible for the conduct of its Call-Off Contracts under this Framework Agreement and CPD is not responsible, or accountable for and shall have no liability whatsoever in relation to: